Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1887-08-25
advertisement and posting before he is
allowed to show by proof

department is not now to be charged
with injustice or illlberality because it
does not propose to keep in perpetual
reservation territory of such vast ex-
tent as was withdrawn for the benefit of
this road. Criticism upon the alleged
shortcomings of the government with
respect to this grant comes with an i'll
grace from this company. The people
whom the government represents had
some rights under the grant as we'll as
the company. That act was not passed,
and that contract made for the sole
benefit of the company. Mutuality in
benefit was expected and intended; and
mutual obligations were entered into, and
equity and good conscience would require
of both parties faithful observance of
these obligations. The Atlantic and Pacific
company proposed to build railroad
from Springfield, Mo-, thence to the
western boundary of the state; thence to
point on the Canadian river; thence to
the town of Albuquerke in New Mexico;
thence to the headwater of the Colorado
Chiqulta; thence along the thirty fifth
parallel of latitude to the Colorado river;
thence to the Pacific coast.
THE GOVERNMENT WAS ASKED
to make grant of land to aid in the con-
struction of this proposed road. This
was done in a most liberal manner, and
1T was provided by the eighth section of
the granting act that each and every
grant, right and privilege herein are so
made aud given to and accepted by said
Atlantic and Pacific railroad company,
upon and subject to the following con-
ditions, namely: That the said company
shall commence the work on said road
within two years from the approval of
this act by the president, and shall COM
plete not less than fifty miles a year
after the second year, and shall con-
struct, equip, furnish and complete
the main line of the whole road by the
4th day of July, 1878. Did the company
comply with this clear and specific con-
tract? Did il commence the construc-
ton of it's road in the two years named?
Did it prosecute the work as required?
Did it complete it's main line at the time
named? In fact, has it yet completed
the main line?
If, at the time this company applied
for its grant, 1t had stated it's purpose
was to build the proposed road, or so
much of it as it might desire from time
to time, and in such fragments, or to and
from such points as pleased its manage
meme, and that the government should
withdraw from entery and settlement
along the whole line all the land in both
grants and indemnity limits, and keep
such lands In state Of indefinite with
drawal to wait the pleasure Or conven-
fence of the company, is it believed for
moment that congress would have
listened to the application for a grant?
Yet this is exactly what the com
pany now insists congress has done,
with the further assertion that the
company may violate every specification
of its contract; the government is bound
in equity not only to carry out the con-
tract on its side, but to guarantee to it
monopoly for an indefinite period of
vast part of the public domain not con-
templated by the grant. [ do not so IN
derstand the law or the equity of the case.
On full consideration of the whole
subject conclude that the withdrawal
for indemnity purposes if permissible
under the law was solely by virtue of ex
ecutive authority and may be revoked
by the same authority. That such revo-
cation would not be violation of either
law Or equity, and that said lands having
been SO long withheld for the benefit of
the com pany, the time has arrived when
public policy and justice demand the
withdrawal should be revoked and some
regard had for the rights of those seek
ing and needing homes on the public
domain. If had any doubt I would be
confirmed in this course by what may be
REGARDED AS DISTINCT RECOGNITION
by congress of the correctness of it's
policy to be found in section of the act
of April 81, 1876, (19 Stats, 3OO,) where
it is said that all such presumption and
homestead entries which may have been
made by the permission of the land de-
partment, or in pursuance of the rules
and instructions thereof, within the
limits of any land grant at time sub
sequent to the expiration of such grant,
shall be deemed valid, and a compliance
with the laws and the making of the
proof required shall entitle the holder of
such claim to patent.
l therefore direct that all land under
Withdrawals heretofore made and held
for indemnity purposes under the grant
to the Atlantic & Pacific Railroad com
pany be restored to the public domain,
and opened to settlement under the
general land laws, except such lands as
may be covered by approved Sec
pIOflOSu bu6 E6SbOEdblOu SLdil
not affect rights acquired within the
primary or granted limits of any other
congressional land. AS the lands covered
by unapproved sections applications to
make filings and entries thereon may be
received, noted, and held subject to the
claim of the company of which claim the
applicant must be distinctly informed
and memorandas thereof entered upon
his papers. Whenever such application
to file or enter is presented, alleging upon
sufficient prima facie showing that the
lands from any cause not subject to the
compapy's right of selection, notice
thereof will be given to the proper rep
resentative of the company, which will be
allowed thirty days after service of said
notice within which to present objections
to the allowance of such filing Or entry.
Should the company fail to respond
or show cause before the local Off
GERS why the application should not be
allowed, said application for filing or
entry will be adm itted aNd the selection
field for speculation, but should the COM
pany appear and show cause, an invesSi-
CATION will be ordered under the rules of
practice to determine whether said land